IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
WP(C) NO. 18525 OF 2022
PETITIONER
JAMS GRANITES PVT LTD
PERINGOTTKURISSI VILLAGE, ALATHUR TALUK,
PALAKKAD DISTRICT-678574,
REPRESENTED BY ITS MANAGING DIRECTOR SINTHIL K.M,
S/O.K.V.MOHANAN, RESIDING AT KUZHAYANVELLY HOUSE,
OKKAL P.O, PERUBAVOOR,ERNAKULAM DISTRICT- 683550.
BY ADVS.
K.J.MANU RAJ
K.VINAYA
RESPONDENTS:
1 STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY - SEIAA
REPRESENTED BY ITS CHAIRMAN, 4TH FLOOR,
KSRTC TERMINAL COMPLEX, THAMPANOOR,
THIRUVANANTHAPURAM PIN - 695 014.
2 DIRECTOR OF MINING AND GEOLOGY,
OFFICE OF THE DIRECTOR OF MINING AND GEOLOGY,
KESAVADASAPURAM, PATTOM PALACE P.O,
THIRUVANANTHAPURAM - 695004.
3 DISTRICT GEOLOGIST,
OFFICE OF THE DISTRICT GEOLOGIST, PALAKKAD - 678 014.
SMT.SURYA BINOY B SR.GP
SRI. M.P.SREEKRISHNAN (SC) R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.18525 OF 2022
2
JUDGMENT
Dated this the 8th day of June, 2022 This writ petition is filed by the petitioner seeking the following reliefs:-
"i) Declare that the period from 1st April 2020 and to the 31st March 2021 shall not be considered for the purpose of calculation of the period of validity of Ext.P1 Environment Clearance in the light of issuance of Ext.P3 notification and P4 communication by the respondents and that there is deemed extension of Environmental Clearance by Exts.P3 and P4.
ii) Issue a writ of mandamus or other appropriate writ, order or direction, directing the 3rd respondent to allow the petitioner to enjoy the benefits of Ext.P3 notification and Ext.P4 issued by the respondents and to issue movement permits if all other licence are obtained by the petitioner while conducting the quarrying activities in landed properties having an extent of 1.9035 hectares of land in Re-Survey block No.5 and Survey No.328/8, 329/1,2 and 330/3 of Peringottkurissi Village, Alathur Taluk, Palakkad District."
2. The petitioner has been issued with Ext.P1 Environmental Clearance having validity of five years. Relying on Ext.P3 notification, the learned counsel for the petitioner submits that the period from 01.04.2020 to 31.03.2021 is not liable to be considered for the purpose of calculation of the WP(C) NO.18525 OF 2022 3 period of validity of Environmental Clearance Certificate and the petitioner therefore is having deemed extension of the Environmental Clearance for the corresponding period.
3. The State Environment Impact Assessment Authority (SEIAA) has issued Ext.P4 Circular to all District Geologists stating that the SEIAA has decided to extend validity of Environmental Clearances from their respective dates of expiry for a period corresponding to that portion of their Environmental Clearance periods falling between 01.04.2020 to 31.03.2021, subject to a condition that there shall be balance quantity of mineral available for mining, during the said period as per the approved Mining Plan. The SEIAA further directed that the extensions of Environmental Clearance period shall be as part of the terms and conditions specified in the prior Environmental Clearance already issued.
4. A similar case, W.P.(C) No.13728 of 2020, came up for admission before this Court and this Court passed Ext.P5 judgment.
WP(C) NO.18525 OF 2022 4 Taking into consideration Exts. P1 and P4, and Ext.P5 judgment, this writ petition is disposed of declaring that the petitioner is entitled to get extension of Environmental Clearance in terms of Ext.P4 and directing the 3rd respondent to allow the petitioner to enjoy the benefit of Ext.P4. There will be a further direction to the respondents to issue movement permits to the petitioner, subject to availability of mineral reserves and if the petitioner is otherwise eligible.
sd/-
N.NAGARESH JUDGE hmh WP(C) NO.18525 OF 2022 5 APPENDIX OF WP(C) 18525/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ENVIRONMENT CLEARANCE DATED 5.3.2018 ISSUED BY THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY.
Exhibit P2 A TRUE COPY OF THE QUARRYING PERMIT DATED 28.5.2022 ISSUED BY THE 3RD RESPONDENT.
Exhibit P3 TRUE COPY NOTIFICATION OF SO.221 (E) DATED 18.01.2021 OF MINISTRY OF ENVIRONMENT AND FOREST.
Exhibit P4 A TRUE COPY OF THE COMMUNICATION DATED 5.10.2021 OF THE STATE IMPACT ASSESSMENT AUTHORITY, TO ALL GEOLOGIST IN KERALA.
Exhibit P5 A TRUE COPY OF THE JUDGMENT IN WPC 13728 OF 2022 DATED 8.4.2022.
Exhibit P6 A TRUE COPY OF THE ORDER IN. WP (C) NO 15186 OF 2022 DATED 4.5.2022.
Exhibit P7 A TRUE COPY OF THE REPRESENTATION DATED 3.6.2022 BEFORE THE 3RD RESPONDENT.